North Carolina Middle District Court
Judge:Thomas E Johnston
Referred: L Patrick Auld
Case #: 1:25-cv-00090
Nature of Suit190 Contract - Other Contract
Cause28:1332 Diversity-Breach of Contract
Case Filed:Feb 05, 2025
Case in other court:Moore County Superior Court, 24CV002784-620
Last checked: Saturday Mar 22, 2025 2:21 PM EDT
Defendant
THE MARENA GROUP, LLC
Represented By
DAVID A. LUZUM
Maynard Nexsen PC
contact info
Plaintiff
MCMURRAY FABRICS, INC.
Represented By
NATHANIEL J. PENCOOK
Nelson Mullins Riley & Scarborough, LLP
contact info
THOMAS M. VAN CAMP
Van Camp Meacham & Newman, PLLC
contact info


Docket last updated: 05/18/2025 11:59 PM EDT
Friday, May 09, 2025
18 18 1 pgs order Order on Motion to Transfer Case Order on Motion to Dismiss for Failure to State a Claim Fri 05/09 11:49 AM
ORDER signed by DISTRICT JUDGE THOMAS E. JOHNSTON on 5/9/2025; Because transferring this matter is proper pursuant to 28 U.S.C. § 1404(a), Defendant's motion is GRANTED. (ECF No.15 .) The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. Also before the Court is Defendant's Alternative Motion to Dismiss. (ECF No.10 .) This motion is DENIED AS MOOT. (sh)
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Friday, April 11, 2025
17 17 2 pgs order Order Fri 04/11 9:03 AM
ORDER AND NOTICE signed by DISTRICT JUDGE THOMAS E. JOHNSTON on 4/11/2025; that the following dates are hereby fixed as the time by or on which certain events must occur as set out herein. Telephonic Scheduling Conference on 5/30/2025 at 2:00 p.m., before the undersigned, unless canceled. (sh)
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utility Set/Reset Deadlines/Hearings Fri 04/11 9:04 AM
Set Hearing: Telephonic Scheduling Conference set for 5/30/2025 02:00 PM before DISTRICT JUDGE THOMAS E. JOHNSTON. (sh)
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Wednesday, March 26, 2025
16 16 respm Response in Opposition to Motion Wed 03/26 3:42 PM
RESPONSE in Opposition re10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in the Alternative filed by THE MARENA GROUP, LLC - Plaintiff's Response in Opposition to Motion to Dismiss filed by MCMURRAY FABRICS, INC.. Replies due by 4/9/2025 (PENCOOK, NATHANIEL)
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15 15 respm Response to Motion Wed 03/26 3:33 PM
RESPONSE - Plaintiff's Response Consenting to Transfer of Venue filed by Plaintiff MCMURRAY FABRICS, INC. re8 MOTION to Transfer Case filed by THE MARENA GROUP, LLC filed by MCMURRAY FABRICS, INC.. Replies due by 4/9/2025 (PENCOOK, NATHANIEL)
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Thursday, March 13, 2025
14 14 1 pgs order Order Thu 03/13 8:55 AM
DESIGNATION OF A UNITED STATES JUDGE FOR SERVICE WITHIN THE CIRCUIT. Pursuant to the authority vested in me by Title 28, United States Code, Section 292(b), I do hereby designate and assign the Honorable Thomas E. Johnston to perform the duties of district judge in the United States District Court for the Middle District of North Carolina for the period of January 1, 2025, through June 30, 2025, and for such time as needed in advance to prepare and thereafter as required to complete unfinished business in the matters. Signed on 10/23/2024 by Chief Judge Albert Diaz, U. S. Court of Appeals for the Fourth Circuit. (Powell, Gloria)
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utility Case Reassigned Thu 03/13 9:11 AM
Case Reassigned to DISTRICT JUDGE THOMAS E. JOHNSTON. JUDGE WILLIAM L. OSTEEN, JR. no longer assigned to the case. (Powell, Gloria)
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Wednesday, March 05, 2025
13 13 2 pgs order Order on Motion for Extension of Time to File Response/Reply Wed 03/05 4:42 PM
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR. on 3/5/2025; that Plaintiff's Consent Motion for Extension of Time, (Doc.12 ), is GRANTED and Plaintiff shall have to and including March 26, 2025, to file responses to Defendant's Motion to Transfer Venue and Alternative Motion to Dismiss. (Docs.8 ,10 .) (sh)
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utility Motions Submitted Wed 03/05 2:34 PM
Motion Submitted:12 Consent MOTION for Extension of Time to File Response/Reply as to8 MOTION to Transfer Case ,10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in the Alternative to JUDGE WILLIAM L. OSTEEN, JR. (km)
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Tuesday, March 04, 2025
12 12 motion Extension of Time to File Response/Reply Tue 03/04 1:11 PM
Consent MOTION for Extension of Time to File Response/Reply as to8 MOTION to Transfer Case ,10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in the Alternative by MCMURRAY FABRICS, INC..(PENCOOK, NATHANIEL)
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Att: 1 Text of Proposed Order
Wednesday, February 12, 2025
11 11 respm Brief Wed 02/12 2:47 PM
Defendant's Supporting BRIEF re10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in the Alternative . (LUZUM, DAVID)
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10 10 motion Dismiss for Failure to State a Claim Wed 02/12 2:46 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in the Alternative by THE MARENA GROUP, LLC. Response to Motion due by 3/5/2025 (LUZUM, DAVID)
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9 9 respm Brief Wed 02/12 2:45 PM
Defendant's Supporting BRIEF re8 MOTION to Transfer Case . (LUZUM, DAVID)
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8 8 motion Transfer Case Wed 02/12 2:43 PM
MOTION to Transfer Case by THE MARENA GROUP, LLC. Response to Motion due by 3/5/2025 (LUZUM, DAVID)
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Thursday, February 06, 2025
7 7 notice Notice of Attorney Appearance Thu 02/06 8:52 AM
NOTICE of Attorney Appearance by attorney THOMAS M. VAN CAMP on behalf of Plaintiff MCMURRAY FABRICS, INC. (VAN CAMP, THOMAS)
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Wednesday, February 05, 2025
6 6 notice Notice of Right to Consent Wed 02/05 3:16 PM
Notice of Right to Consent. (sh)
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Att: 1 Consent Form
5 5 service Summons Issued Wed 02/05 1:49 PM
Summons Issued as to THE MARENA GROUP, LLC. (State Court documents originally filed in Moore County Superior Court, file number 24CV002784-620, issued 12/13/2024, listed as Exhibit A to the1 Petition for Removal.) (sh)
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4 4 cmp Complaint Wed 02/05 1:48 PM
COMPLAINT (Jury Trial Demanded) against THE MARENA GROUP, LLC filed by MCMURRAY FABRICS, INC. (State Court documents originally filed in Moore County Superior Court, file number 24CV002784-620, listed as Exhibit A to the1 Petition for Removal.) (sh)
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3 3 misc Corporate Disclosure Statement Wed 02/05 12:03 PM
Corporate Disclosure Statement identifying Corporate Parent The Marena Group Holding Company for The Marena Group, LLC.. (LUZUM, DAVID)
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2 2 misc Declaration Wed 02/05 12:00 PM
DECLARATION re1 Petition for Removal by Defendant The Marena Group, LLC.(LUZUM, DAVID)
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Att: 1 Exhibit A
1 1 cmp Petition for Removal Wed 02/05 11:57 AM
PETITION FOR REMOVAL from Moore County Superior Court, file number 24CV002784-620, against MCMURRAY FABRICS, INC. ( Filing fee $ 405 receipt number ANCMDC-4013530.), filed by The Marena Group, LLC.(LUZUM, DAVID) Modified on 2/5/2025 to add State Court information. (sh)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
utility Case Assigned Wed 02/05 3:14 PM
Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR. and MAG/JUDGE L. PATRICK AULD. (sh)
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utility Case Referred to Mediation Wed 02/05 3:16 PM
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (sh)
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